New South Wales Consolidated Acts

BUILDING PROFESSIONALS ACT 2005

- As at 14 November 2008
- Act 115 of 2005

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions

   PART 2 - ACCREDITATION OF CERTIFIERS

           Division 1 - Accreditation scheme

   4.      Accreditation scheme

           Division 2 - Accreditation of accredited certifiers

   5.      Applications for accreditation
   5A.     Classes of certificate of accreditation
   6.      Determination of application for accreditation
   7.      Grounds for refusal of accreditation
   8.      Suspension or cancellation of accreditation
   9.      Conditions of accreditation
   10.     Duration of accreditation
   11.     Register

           Division 3 - Powers of the Board for the protection of the public

   12.     Suspension of accreditation or imposition of conditions to protect the public
   13.     Power to remove or alter conditions
   14.     Matter to be treated as complaint
   15.     Extension of suspension
   16.     Expiration of suspension
   17.     Duration of conditions-complaint matters

           Division 4 - General provisions

   18.     Review of decisions of Board under this Part

   PART 3 - DISCIPLINARY PROCEEDINGS

           Division 1 - Preliminary

   19.     Definitions
   20.     General provisions concerning disciplinary proceedings

           Division 2 - Making of complaints and preliminary procedures

   21.     Procedure for making complaint
   22.     Board may decide to take no action in relation to complaint
   23.     Dismissal of complaints
   24.     Conciliation of complaints
   25.     Reference of complaint to another person or body for investigation
   26.     Withdrawal of complaint

           Division 3 - Investigation of complaints

   27.     Investigation by Board of complaints
   28.     Investigation into complaint to be conducted expeditiously

           Division 4 - Procedure after investigation of complaint

   29.     Report of investigation to be given to accreditation holder
   30.     Conduct of meeting dealing with complaint
   31.     Decision after investigation of complaint
   32.     Board to give statement of decision
   33.     Person may apply to Tribunal for a review of disciplinary finding of Board

           Division 5 - Role of Tribunal in complaints process

   34.     Tribunal may make certain disciplinary findings
   35.     Tribunal may award costs
   36.     Appeals to Appeal Panel against action taken by Tribunal
   37.     Confidential information in statement of reasons

           Division 6 - Publicising disciplinary action

   38.     Definitions
   39.     Publicising disciplinary action
   40.     Register of disciplinary action
   41.     Quashing or variation of disciplinary action
   42.     Liability for publicising disciplinary action
   43.     General

           Division 7 - Miscellaneous

   44.     Duty of confidentiality of client communications

   PART 4 - INVESTIGATION OF CERTIFYING AUTHORITIES AND ACCREDITATION HOLDERS

   45.     Investigation of councils acting as certifying authorities
   46.     Investigation of accredited certifiers and building professionals
   47.     Extension of investigations to former accreditation holders

   PART 5 - POWERS RELATING TO INVESTIGATIONS

           Division 1 - Powers of Board and authorised officers to require production of evidence

   48.     Powers of Board or authorised officer to obtain evidence

           Division 2 - Power of entry to premises

   49.     Power of entry
   50.     Inspections and investigations
   51.     Use of force
   52.     Notification of use of force or urgent entry
   53.     Care to be taken
   54.     Compensation
   55.     Authority to enter premises
   56.     Restrictions on power of entry to residential premises
   57.     Search warrants

           Division 3 - General provisions

   58.     Obstruction of authorised persons
   59.     Limitation on self-incrimination

   PART 6 - REQUIREMENTS RELATING TO ACCREDITED CERTIFIERS

           Division 1 - Record keeping and notifications

   60.     Record keeping by accreditation holders
   61.     Board to be notified of certain events

           Division 2 - Insurance

   62.     Application of Division
   63.     Accredited certifiers to have required insurance
   64.     Building practitioners
   65.     Regulations under this Division

           Division 3 - Conflicts of interest

   66.     Conflicts of interest
   67.     Meaning of being involved in the design of an aspect of the development
   68.     Meaning of being related to another person
   69.     Meaning of being associated with a council
   70.     Meaning of having a pecuniary interest
   71.     Board may grant exemptions from certain provisions relating to conflicts of interest

           Division 4 - Other offences relating to improper conduct

   72.     Acting in a manner not authorised by certificate of individual accreditation
   72A.    Responsibilities of accredited certifier directors
   72B.    Responsibilities of person with individual accreditation acting on behalf of accredited body corporate or council
   72C.    Requirements of accredited body corporate
   73.     Contravention of terms and conditions of accreditation
   73A.    Terms of contracts
   74.     Notice to be given of certain matters

   PART 7 - CONSTITUTION AND MANAGEMENT OF BOARD

   75.     Constitution of Board
   76.     Membership and procedure of Board
   77.     Functions of Board
   78.     Staff of Board
   79.     Appointment of advisory and other committees
   80.     Delegation of Board’s functions
   81.     Building Professionals Board Fund

   PART 8 - MISCELLANEOUS

   82.     Notification of certain matters to employer of accreditation holders and others
   83.     Disclosure and misuse of information
   84.     Improper influence with respect to conduct of accredited certifier acting as certifying authority
   85.     False representations
   86.     Impersonation of authorised officers
   87.     Documents to be provided to Board by accreditation bodies
   88.     Service of documents
   89.     Personal liability
   90.     Recovery of money
   91.     Certificate evidence
   92.     Penalty notices
   93.     Proceedings for offences
   93A.    Offences by corporations
   94.     Regulations
   95.     Savings, transitional and other provisions
   96.     (Repealed)
   97.     Review of Act
           SCHEDULE 1
           SCHEDULE 2
           Schedule 3 (Repealed)